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Home My WebLink About38-00 Ordinance AMENDED RECORD OF ORDINANCES D on Le al Blank Co. Form No 004 Ordinance No ..........................38-0.0..(Amended) Passed AN ORDINANCE AUTHORIZING THE MAYOR TO APPOINT A MAGISTRATE TO CONDUCT MAYOR'S COURT PROCEEDINGS WHEN BOTH THE MAYOR AND VICE-MAYOR ARE UNAVAILABLE TO CONDUCT SUCH PROCEEDINGS, AND DECLARING AN EMERGENCY r...- WHEREAS, the City of Dublin operates a Mayor's Court for misdemeanor offenses pursuant to 1905.01 et seq. of the Ohio Revised Code; and WHEREAS, both the Mayor and Vice-Mayor are empowered to hear cases arising under the jurisdiction of Dublin Mayor's Court; and WHEREAS, there are times when both the Mayor and Vice-Mayor are unavailable to preside at Mayor's Court due to various conflicts; and WHEREAS, it is the desire of the Mayor and Council to provide a designated Magistrate to preside at Mayor's Court when both the Mayor and Vice-Mayor are unavailable to do so; and WHEREAS, the Mayor is empowered pursuant to Section 3.04(a)(4) of the Dublin Charter to appoint a magistrate, subject to the approval of Council, to hear and determine prosecutions of criminal cases subject to the laws of the State of Ohio or the laws of the United States; NOW THEREFORE, BE IT ORDAINED, by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Council hereby approves the Mayor's appointment of Michael L. Close, an attorney licensed in the State of Ohio, to preside over Dublin Mayor's Court when both the Mayor and the Vice-Mayor are unable to do so. Section 2. Michael L. Close possesses all of the qualifications for Magistrates mandated by Ohio law. Section 3. Upon the Mayor's request that he preside, Michael L. Close will be ' compensated at a rate of $250 per hour, not to exceed $500, for court nights, which will be billed in quarter hour increments. These court nights are typically held three Tuesdays a month beginning at 5:30 p.m. He will be compensated at a rate of $150 per hour for any miscellaneous hearings, such as prisoner hearings, that he conducts. Section 4. Council hereby approves the attached contract (Exhibit "A") between the City of Dublin and Michael L. Close. Section 5. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare, and therefore ~ shall be effec~ti"ve immediately upon passage. Pass his day of~f/jq„~G~,, , 2000. or - esiding fficer ATTEST: /~~~(/V/'(/T ~ ~/v~/4/'~ ~ ~3Nf~~!v {~f~f{V 131.11 x0:11°S Q{ 1~i~t (~.~:;i0!7C?!'~Q40~lI~~OR VJOf@ (165 !!1 F~ Clerk of Council C;1y of D~,~bii~3 ii: a~.tor~a~t€e w:1'1 52r1~on 731.2.E o~ t~~:~ ~c:vs ~ Code. _~~~J - QA~. CI r of Co!;ncl, D~lbfin, Oh+o ~ _ ,..~..,w..,~._ r Agreement for Magistrate Services This Agreement for Magistrate Services ("Agreement") is entered into by and between the City of Dublin ("City") and Michael L. Close ("Mr. Close") for his services as Magistrate for the City. 1. Mr. Close has been appointed by the Mayor of Dublin as a magistrate to hear and determine prosecutions and criminal cases in Dublin Mayor's Court that are within the jurisdiction of the Mayor's Court, as established by Ohio law, when called upon to do so by the Mayor of Dublin due to the unavailability of both the Mayor and the Vice-Mayor to hear cases. 2. Mr. Close represents that he is qualified to serve as a Mayor's Court magistrate as provided by Ohio law. 3. Mr. Close is an independent contractor and he shall exercise his independent judgment and discretion in hearing and determining all prosecutions and criminal cases in Dublin Mayor's Court. Judgments entered and sentences imposed by Mr. Close shall not be reviewed or approved by the Mayor. 4. Dublin Mayor's Court is typically held on the second, third and fourth Tuesdays of each month. Dublin Mayor's Court also has special hearings, such as prisoner arraignment hearings, as justice requires. Mr. Close will hear cases on these dates when called upon to do so by the Mayor of Dublin due to the unavailability of both the Mayor and the Vice-Mayor to hear cases. 5. Mr. Close shall be paid a fee of $250 per hour, not to exceed $500, to be billed in quarter hour increments for each regularly scheduled Dublin Mayor's Court session he is called upon to preside over. He shall be paid a fixed fee in the amount of $150 for each special Mayor's Court hearing, such as prisoner arraignment hearings, he is called upon to preside over. 6. Either party may terminate this Agreement at any time. 7. The parties agree that to the extent that the undersigned is acting in a judicial capacity, the City shall indemnify and hold harmless the undersigned from and against any and all claims, demands, suits, liabilities, and payments arising from his services as magistrate. 8. The parties recognize and agree that Mr. Close's services as magistrate shall prevent him from representing any defendant in misdemeanor cases arising in the City of Dublin, but shall not prevent Mr. Close from acting as an attorney in any other capacity before or involving the City (including applications and appeals before the various City Boards and Commissions) that is not in direct conflict with Mr. Close's duties as magistrate. r Page 2 Agreement for Magistrate Services 9. Any provision determined to be void or unenforceable in whole or in part shall not be deemed to affect or impair the validity of any other provision hereof and the provisions hereof are declared to be separate and distinct. 10. This Agreement shall be effective on the date executed and shall continue in force and effect until terminated by either party. CITY OF DUBLIN a L~`~zvv ~ l y ~ BY: Timothy C. Hansley Date City Manager ~~ls~oo Michael L. Close Date